F1PART X URGENT CASES

Urgent cases147.

(1)

In a case to which this regulation applies, a claimant’s weekly applicable amount and his income and capital shall be calculated for the purposes of an income-based jobseeker’s allowance in accordance with the following provisions of this Part.

(2)

This regulation applies in accordance with the following provisions to–

F2(a)

a claimant to whom paragraph (2A) applies (persons not excluded from income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act);

(b)

a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.

F3(2A)

This paragraph applies to a person not excluded from entitlement to income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I to the Schedule to those Regulations applies.

F4(3)

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F4(4)

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F4(5)

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(6)

This paragraph shall only apply to a person who is treated as possessing income by virtue of regulation 105(6) and (7) (notional income) where the income he is treated as possessing is not readily available to him; and—

(a)

the amount of jobseeker’s allowance payable to him otherwise than under this Part is less than the amount of a jobseeker’s allowance payable to him under this Part; and

(b)

F5the Secretary of State is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.